"UAE94" detainee Mohammed al-Roken detained indefinitely under the pretext of “rehabilitation needs”
Name(s):
Mohammed al-Roken
Status:
Forcibly disappeared
Year of birth:
1962
Profession:
Emirati lawyer and the former president of the Emirates Jurists Association
Nationality:
Emirati
Date of arrest:
Mohammed al-Roken is an Emirati lawyer, who was arrested on July 17, 2012, as part of the “UAE94”. He was sentenced to 10 years’ imprisonment. He completed his sentence in July 2022 but remains detained. On March 30, 2023, the UN Working Group on Arbitrary Detention issued an Opinion considering that his detention under the Munasaha regime was arbitrary and in violation of international law.
In March 2011, after a group of 133 Emirati academics, judges, lawyers, students, and human rights defenders signed a petition addressed to the President of the United Arab Emirates and the country’s Federal Supreme Council calling for democratic reforms, the UAE’s State Security Apparatus (SSA) initiated a campaign of arrests against the individuals who signed the document.
Mohammed al-Roken is a prominent Emirati human rights defender and lawyer, and the former President of the Emirates Jurists Association. He has previously urged the UAE authorities to undertake political policy and legal reforms in the country. He has advocated to halt the violation of human rights and encouraged the government to join International covenants, agreements and related protocols protecting human rights. Moreover, he provided legal assistance to victims of human rights violations in the United Arab Emirates, including to other human rights defenders.
He was arrested on July 17, 2012, as part of the “UAE94”, for signing the petition calling for democratic reform in the UAE.
Arrested individuals were later sentenced in the UAE’s largest mass trial, known as the “UAE94”, before the Federal Supreme Court.
On January 27, 2013, the 94 defendants were charged with founding, organising and administering an organisation aimed at overthrowing the government, on the basis of article 180 of the country’s Penal Code.
On July 2, 2013, the Emirati authorities convicted 61 of the 94 defendants, in addition to eight individuals in absentia. Al-Roken was sentenced to 10 years’ imprisonment.
In 2014, the UN Working Group on Arbitrary Detention issued Opinion 60/2013, in which it found that the detention of the 61 individuals convicted in the "UAE94" trial was arbitrary.
Al-Roken completed his sentence in July 2022, but under the pretext of “rehabilitation needs”, pursuant to the UAE’s Counter-Terrorism Law and the Munasaha Centre Law, the authorities have extended his detention indefinitely. He suffers from ongoing violations, as he continues to this day to be held arbitrarily.
In view of his continued detention, on August 18, 2022, together with the Emirates Detainees Advocacy Center, MENA Rights Group requested the intervention of the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on counter-terrorism and human rights to urge Emirati authorities to release him unconditionally.
On September 7, 2022, MENA Rights Group and the Emirates Detainees Advocacy Center submitted case to the UN Working Group on Arbitrary Detention (WGAD), asking them to issue a second Opinion as to the arbitrary nature of his detention. In our Request for Opinion, we recalled that the UAE authorities kept al-Roken detained after the completion of his sentence on the basis of laws, namely the Counter-Terrorism Law and the Munasaha Centre Law that contain imprecise and ambiguous provisions that defy the principle of legal certainty. We also pointed out that his detention in a Munasaha Centre was not the result of a court decision that respected fair trial standards. Finally, we argued that, beyond his original sentence, his placement under the Munasaha regime is directly linked to the exercise of his rights and freedoms.
On March 30, 2023, the WGAD adopted an Opinion concerning 12 prisoners in the UAE94 case, including al-Roken, who are detained under the Munasaha regime. It recognised that their detention is arbitrary, since the 12 individuals were held “owing to their status as human rights defenders and on the basis of their political or other opinion in seeking to hold the authorities to account.”
In addition, the WGAD’s Opinion considered that their detention is not justified by a valid legal basis because the Counter Terrorism Law “creates significant risks of overbroad application and is thereby incompatible with article 11 (2) of the Universal Declaration of Human Rights.”
The WGAD has therefore recommended the government of the UAE to “release all the 12 individuals immediately and accord them an enforceable right to compensation and other reparations.”
On June 12, 2023, Al-Roken made a final call to his family from within Al Razeen prison. Since then, his family has not received any communication from him. He is being held incommunicado since that date, with no access or contact with the outside world. Despite efforts made by his family to contact the Public Prosecution to obtain information about his situation, they were not given any answer.
On September 12, 2023, MENA Rights Group requested the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances, calling on them to urge the Emirati authorities to take action to clarify Al-Roken’s fate and whereabouts.
| Name(s): |
Mohammed al-Roken
|
| Status: |
Forcibly disappeared
|
| Year of birth: |
1962
|
| Profession: |
Emirati lawyer and the former president of the Emirates Jurists Association
|
| Nationality: |
Emirati
|
| Date of arrest: |
|
In March 2011, after a group of 133 Emirati academics, judges, lawyers, students, and human rights defenders signed a petition addressed to the President of the United Arab Emirates and the country’s Federal Supreme Council calling for democratic reforms, the UAE’s State Security Apparatus (SSA) initiated a campaign of arrests against the individuals who signed the document.
Mohammed al-Roken is a prominent Emirati human rights defender and lawyer, and the former President of the Emirates Jurists Association. He has previously urged the UAE authorities to undertake political policy and legal reforms in the country. He has advocated to halt the violation of human rights and encouraged the government to join International covenants, agreements and related protocols protecting human rights. Moreover, he provided legal assistance to victims of human rights violations in the United Arab Emirates, including to other human rights defenders.
He was arrested on July 17, 2012, as part of the “UAE94”, for signing the petition calling for democratic reform in the UAE.
Arrested individuals were later sentenced in the UAE’s largest mass trial, known as the “UAE94”, before the Federal Supreme Court.
On January 27, 2013, the 94 defendants were charged with founding, organising and administering an organisation aimed at overthrowing the government, on the basis of article 180 of the country’s Penal Code.
On July 2, 2013, the Emirati authorities convicted 61 of the 94 defendants, in addition to eight individuals in absentia. Al-Roken was sentenced to 10 years’ imprisonment.
In 2014, the UN Working Group on Arbitrary Detention issued Opinion 60/2013, in which it found that the detention of the 61 individuals convicted in the "UAE94" trial was arbitrary.
Al-Roken completed his sentence in July 2022, but under the pretext of “rehabilitation needs”, pursuant to the UAE’s Counter-Terrorism Law and the Munasaha Centre Law, the authorities have extended his detention indefinitely. He suffers from ongoing violations, as he continues to this day to be held arbitrarily.
In view of his continued detention, on August 18, 2022, together with the Emirates Detainees Advocacy Center, MENA Rights Group requested the intervention of the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on counter-terrorism and human rights to urge Emirati authorities to release him unconditionally.
On September 7, 2022, MENA Rights Group and the Emirates Detainees Advocacy Center submitted case to the UN Working Group on Arbitrary Detention (WGAD), asking them to issue a second Opinion as to the arbitrary nature of his detention. In our Request for Opinion, we recalled that the UAE authorities kept al-Roken detained after the completion of his sentence on the basis of laws, namely the Counter-Terrorism Law and the Munasaha Centre Law that contain imprecise and ambiguous provisions that defy the principle of legal certainty. We also pointed out that his detention in a Munasaha Centre was not the result of a court decision that respected fair trial standards. Finally, we argued that, beyond his original sentence, his placement under the Munasaha regime is directly linked to the exercise of his rights and freedoms.
On March 30, 2023, the WGAD adopted an Opinion concerning 12 prisoners in the UAE94 case, including al-Roken, who are detained under the Munasaha regime. It recognised that their detention is arbitrary, since the 12 individuals were held “owing to their status as human rights defenders and on the basis of their political or other opinion in seeking to hold the authorities to account.”
In addition, the WGAD’s Opinion considered that their detention is not justified by a valid legal basis because the Counter Terrorism Law “creates significant risks of overbroad application and is thereby incompatible with article 11 (2) of the Universal Declaration of Human Rights.”
The WGAD has therefore recommended the government of the UAE to “release all the 12 individuals immediately and accord them an enforceable right to compensation and other reparations.”
On June 12, 2023, Al-Roken made a final call to his family from within Al Razeen prison. Since then, his family has not received any communication from him. He is being held incommunicado since that date, with no access or contact with the outside world. Despite efforts made by his family to contact the Public Prosecution to obtain information about his situation, they were not given any answer.
On September 12, 2023, MENA Rights Group requested the urgent intervention of the UN Working Group on Enforced or Involuntary Disappearances, calling on them to urge the Emirati authorities to take action to clarify Al-Roken’s fate and whereabouts.
Timeline
Related
